Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations (Amendment)

Legislation au C1969L00084 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No.

 

REGULATIONS UNDER THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1968.*

THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Northern Territory (Administration) Act 1910-1968.

Dated this   day of   1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Peter Nixon

Minister of State for the Interior.

 

AMENDMENTS OF THE NORTHERN TERRITORY LEGISLATIVE COUNCIL (FEES, ALLOWANCES AND EXPENSES) REGULATIONS†

1. Regulation 5 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is repealed and the following regulation inserted in its stead:—

Fees of elected members.

“5. An elected member of the Legislative Council, other than the President, shall receive a fee at the rate of Two thousand seven hundred and fifty dollars per annum.”.

Fee of President

2. Regulation 5A of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is amended by omitting the words “One thousand two hundred pounds” and inserting in their stead the words “Three thousand three hundred and fifty dollars”.

Entertainment allowance of President

3. Regulation 511 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is amended by omitting the words “One hundred and fifty pounds” and inserting in their stead the words “Three hundred dollars”.

Electoral allowances for elected members.

4. Regulation 6 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is repealed and the following regulation inserted in its stead:—

“6. An elected member of the Legislative Council shall receive an allowance in respect of discharging his duties—

(a) if he is a member for the Electoral District of Fannie Bay, Nightcliff, Port Darwin, Ludmilla or McMillan—at the rate of Two hundred dollars a year;

(b) if he is a member for another Electoral District—at the rate of Four hundred dollars a year.”.

 

* Notified in the Commonwealth Gazette on 1969.

† Statutory Rules 1963, No. 105, as amended by Statutory Rules 1964, No. 126; 1965, No. 178; and 1966, No. 56.

13734/69—PRICE 8c 10/12.5.69


Travelling allowances of elected members.

5. Regulation 7 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is amended—

(a) by omitting the words “or a non-official”; and

(b) by omitting the words “Six pounds six shillings” and inserting in their stead the words “Sixteen dollars fifty cents”.

Telephone allowance of elected members.

6. Regulation 8 of the Northern Territory Legislative Council (Fees, Allowances and Expences) Regulations is amended—

(a) by omitting the words “or a non-official”; and

(b) by omitting the words “One hundred pounds,” and inserting in their stead the words “Two hundred dollars,”.

Travelling expenses of elected members.

7. Regulation 9 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Where an elected or non-official” and inserting in their stead the words “Subject to sub-regulation (4.) of this regulation, where an elected”;

(b) by omitting from sub-regulation (3.) the words “or a non-official”;

(c) by omitting from that sub-regulation the words “or Port Darwin” and inserting in their stead the words “, Port Darwin, Ludmilla or McMillan”; and

(d) by adding at the end thereof the following sub-regulations:—

“(4.) Where—

(a) an elected member of the Legislative Council has made a journey for the purpose of attending a meeting, or for the purpose of attending to business, of the Legislative Council; and

(b) the Administrator is of the opinion-

(i) if the member made the journey in a motor vehicle not engaged in public transport—that the journey or a part of the journey could have been made in an aeroplane operating in connexion with in public air transport service; or

(ii) if the member made part of the journey in a motor vehicle not engaged in public transport and part of the journey in an aeroplane operating in connexion with a public air transport service—that the journey, an additional part of the journey or a different part of the journey could have been made in an aeroplane operating in connexion with a public air transport service,

the Administrator shall authorize payment to the member, in respect of that journey, of an amount equal to the prescribed amount or the amount that the Administrator would, but for this sub-regulation, authorize in respect of the journey under sub-regulation (1.) of this regulation, whichever is the less.


“(5.) In the application of the last preceding sub-regulation to a journey made by a member of the Legislative Council, the prescribed amount is—

(a) if the Administrator is of the opinion that the journey could have been made in an aeroplane operating in connexion with a public air transport service—an amount equal to the cost of the fare that would have been payable by the member if he had made the journey in such an aeroplane; or

(b) in any other case—an amount equal to the sum of-

(i) the cost of the fare that would have been payable by the member if he had made, in such an aeroplane, the part of the journey that, in the opinion of the Administrator, could have been made in such an aeroplane; and

(ii) the mileage allowance, in accordance with the table in paragraph (c) of sub-regulation (I.) of this regulation, that would be payable if he had made the balance of the journey, or such part of that balance as the Administrator considers reasonable, in the motor vehicle not engaged in public transport in which he in fact made the journey or a part of the journey.

“(6.) A reference in the last preceding sub-regulation to the cost of the fare that would have been payable by the member if he had made the journey or a particular part of the journey in an aeroplane shall be read, in a case where provision was made for persons to travel by either of any two or more classes in the aeroplane, as a reference to the fare that would have been payable by the member if lie had travelled by the higher or highest of those classes.”.

Members not entitled to double payment of travelling allowances and expenses.

8. Regulation 10 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations is amended by omitting the words “or non-official”.

Application.

9.—(1.) The fee payable to an elected member of the Legislative Council, other than the President, under regulation 5 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations in respect of service as such a member from and including the twenty-sixth day of October, 1968, to and including the day immediately before the commencement of these Regulations is a fee at the rate of Two thousand seven hundred and fifty dollars per annum.

(2.) The fee payable to the President of the Legislative Council under regulation SA of the Legislative Council (Fees, Allowances and Expenses) Regulations in respect of service as President on and after the twenty-sixth day of October, 1968, is a fee at the rate specified in that regulation as amended by regulation 2 of these Regulations.

(3.) Travelling allowance payable to an elected member of the Legislative Council under regulation 7 of the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations in respect of the twenty-sixth day of October, 1968, or any subsequent day is payable at the rate specified in that regulation as amended by regulation 5 of these Regulations.

 

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Statutory Rules 1969 No. 0084, made under the Northern Territory (Administration) Act 1910-1968, were enacted to address the need for updated financial provisions for members of the Northern Territory Legislative Council, including their fees, allowances, and expenses. The regulations were made by the Governor-General in accordance with the Federal Executive Council. The policy objective behind these amendments was to ensure that the compensation and expenses provided to the elected members of the Legislative Council were fair and in line with the prevailing economic conditions, thereby maintaining the integrity and effectiveness of the legislative process. The regulations specified updated rates for fees, allowances, and expenses, ensuring that the members received appropriate remuneration for their duties and responsibilities within the Northern Territory administration.

Scope and Application

The Northern Territory (Administration) Act 1910-1968 applies to the Northern Territory of Australia and regulates the fees, allowances, and expenses of elected members of the Northern Territory Legislative Council. The Act governs the remuneration of the President and other elected members of the Legislative Council, including their fees, entertainment allowances, electoral allowances, travelling allowances, telephone allowances, and travelling expenses. The Act's regulations are amended to update the fee rates, allowances, and expenses payable to the members of the Legislative Council. The amendments to the regulations are made to reflect changes in the economic and social environment of the Northern Territory. The amendments also ensure that the fees, allowances, and expenses payable to the members of the Legislative Council are in line with those of other elected representatives in Australia. The Act applies to all elected members of the Northern Territory Legislative Council and their remuneration is governed by the regulations made under the Act. The regulations are made by the Administrator of the Northern Territory and are subject to the approval of the Governor-General. The Act extends its application through subordinate instruments such as the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations. The Act does not provide any exclusions, exemptions, or thresholds for its application.

Key Provisions

The Regulations under the Northern Territory (Administration) Act 1910-1968 make several amendments to the Northern Territory Legislative Council (Fees, Allowances and Expenses) Regulations. Firstly, Regulation 5, which governs the fees of elected members, is repealed and replaced with a new regulation specifying that an elected member of the Legislative Council, other than the President, shall receive a fee of Two thousand seven hundred and fifty dollars per annum (section 1). Regulation 5A, concerning the fee of the President, is amended to increase the fee to Three thousand three hundred and fifty dollars (section 2). Additionally, Regulation 511, which addresses the entertainment allowance of the President, is amended to increase the allowance to Three hundred dollars (section 3). Regulation 6, concerning electoral allowances for elected members, is repealed and replaced with a new regulation specifying that an elected member shall receive an allowance of Two hundred dollars per year if they represent Fannie Bay, Nightcliff, Port Darwin, Ludmilla, or McMillan, and Four hundred dollars per year for other Electoral Districts (section 4). These Regulations impose several obligations on the parties they govern. Elected members of the Legislative Council are entitled to an annual fee, an allowance for discharging their duties, a telephone allowance, and travel allowances for attending meetings and business of the Legislative Council. The President of the Legislative Council is entitled to a higher annual fee and entertainment allowance. The Regulations also specify that the Administrator must authorize payment of travelling expenses based on the opinion of whether the journey could have been made via public air transport, with specific provisions on the prescribed amount for such payments (sections 4, 5, and 6). Furthermore, the Regulations clarify that members are not entitled to double payment of travelling allowances and expenses (section 8). Failure to comply with the provisions of these Regulations may result in various civil or administrative consequences, although specific offences, penalties, or consequences are not explicitly detailed in the text. The Regulations are intended to ensure proper remuneration and allowances are provided to elected members and the President of the Legislative Council, reflecting their duties and the expenses incurred in fulfilling their roles.

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